Enhanced Penalties—Sentencing

Georgia § 16-15-4. Unlawful Acts; Penalties

(a) It shall be unlawful for any person employed by or associated
with a criminal street gang to conduct or participate in criminal gang
activity through the commission of any offense enumerated in paragraph
(1) of Code Section 16-15-3.

(b) It shall be unlawful for any person to commit any offense
enumerated in paragraph (1) of Code Section 16-15-3 with the intent to
obtain or earn membership or maintain or increase his or her status or
position in a criminal street gang.

(c) It shall be unlawful for any person to acquire or maintain,
directly or indirectly, through criminal gang activity or proceeds
derived therefrom any interest in or control of any real or personal
property of any nature, including money.

(d) It shall be unlawful for any person who occupies a position of
organizer, supervisory position, or any other position of management or
leadership with regard to a criminal street gang to engage in, directly
or indirectly, or conspire to engage in criminal gang activity.

(e) It shall be unlawful for any person to cause, encourage, solicit,
recruit, or coerce another to become a member or associate of a
criminal street gang, to participate in a criminal street gang, or to
conduct or participate in criminal gang activity.

(f) It shall be unlawful for any person to communicate, directly or
indirectly, with another any threat of injury or damage to the person or
property of the other person or of any associate or relative of the
other person with the intent to deter such person from assisting a
member or associate of a criminal street gang to withdraw from such
criminal street gang.

(g) It shall be unlawful for any person to communicate, directly or
indirectly, with another any threat of injury or damage to the person or
property of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against such person
for having withdrawn from a criminal street gang.

(h) It shall be unlawful for any person to communicate, directly or
indirectly, with another any threat of injury or damage to the person or
property of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against such person
for refusing to or encouraging another to refuse to become or obtain the
status of a member or associate of a criminal street gang.

(i) It shall be unlawful for any person to communicate, directly or
indirectly, with another any threat of injury or damage to the person or
property of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against such person
for providing statements or testimony against criminal street gangs or
any criminal street gang member or associate.

(j) In addition to the prohibitions set forth in Code Section
16-10-93, it shall be unlawful for any person to communicate, directly
or indirectly, with another any threat of injury or damage to the person
or property of the other person or of any associate or relative of the
other person with the intent to intimidate, deter, or prevent such
person from communicating to any law enforcement or corrections officer,
prosecuting attorney, or judge information relating to criminal street
gangs, criminal street gang members or associates, or criminal gang
activity.

(k) (1) Any person who violates subsection (a), (b), or (c) of this
Code section shall, in addition to any other penalty imposed by law, be
punished by imprisonment for not less than five nor more than 15 years
or by a fine of not less than $10,000.00 nor more than $15,000.00, or
both.

(2) Any person who violates subsection (d) of this Code section may,
in addition to any other penalty provided by law, be punished by
imprisonment for an additional ten years which shall be served
consecutively to any other sentence imposed on such person by law.

(3) Any person who violates subsection (e), (f), (g), (h), (i) or (j)
of this Code section shall, in addition to any other penalty provided
by law, be punished by imprisonment for not less than three nor more
than ten years.

(l) In addition to any other penalty provided by this Code section,
all sentences imposed under this Code section shall require as a special
condition of the sentence that the person sentenced shall not knowingly
have contact of any kind or character with any other member or
associate of a criminal street gang, shall not participate in any
criminal gang activity, and, in cases involving a victim, shall not
knowingly have contact of any kind or character with any such victim or
any member of any such victim's family or household.

(m) Any crime committed in violation of this Code section shall be considered a separate offense.